Gadi Venkat Reddy vs The State Of Telangana
2025 Latest Caselaw 5434 Tel

Telangana High Court

Gadi Venkat Reddy vs The State Of Telangana on 11 September, 2025

       THE HONOURABLE SMT. JUSTICE K. SUJANA


      TRANSFER CRIMINAL PETITION No.105 of 2023


ORAL ORDER:

This Transfer Criminal Petition is filed by the petitioner

to transfer STC.No.33 of 2021 on the file of the learned

Additional Judicial Magistrate of First Class, Rammanapet

Yadadri-Bhongir to the file of the learned V Additional

Metropolitan Magistrate, at L.B. Nagar, Ranga Reddy District.

2. Heard Smt. R. Swarnalatha, learned counsel appearing

on behalf of the petitioner as well as Sri D. Arun Kumar,

learned Additional Public Prosecutor appearing on behalf of

the respondent - State. Though notice served upon

respondent No.2, none appeared on his behalf.

3. Learned counsel for the petitioner submitted that the

petitioner is aged about 66 years and is a senior citizen. He

further submitted that the unofficial respondent has filed six

cases under Section 138 of the N.I. Act in different courts, one

before the Court of the Additional Judicial Magistrate of First

Class, Ramannapet, two before the Criminal Courts at

Nampally, Hyderabad, and three before the Courts at L.B.

Nagar, Ranga Reddy District. Therefore, in order to have a

common/joint trial and to avoid the possibility of conflicting

judgments, he prayed that S.T.C. No.33 of 2021 be transferred

to the Court of the Additional Metropolitan Magistrate, L.B.

Nagar, Ranga Reddy District.

4. In light of the submissions made by both learned

counsels and upon perusal of the material available on record,

the prime contention of the petitioner for transferring STC No.

33 of 2021 is that the complainant is one and the same, and

he filed the criminal cases in different Courts only to harass

the petitioner. In view of the judgment of the Hon'ble Supreme

Court in S. Nalini Jayanti v. M. Ramasubba Reddy 1 , the

transfer criminal petitions for transferring cases at the

instance of the accused under Section 138 of the NI Act is not

tenable and the same is liable to be dismissed. However, the

petitioner is aged about 66 years. Therefore, the petitioner

can always seek exemption from personal appearance. If an

application is made by the petitioner for grant of exemption,

the trial Court shall favorably consider the same. The trial

2022 SCC OnLine SC 2451

Court shall compel the petitioner to appear only when his

presence is absolutely mandatory for the conduct of the trial.

5. Accordingly, this transfer criminal petition is dismissed.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date: 11.09.2025 SAI